fort monroe

U.S. ARMY LEGAL SERVICES AGENCY
ENVIRONMENTAL LAW DIVISION

Sts

Become a High-stepper:
The National Historic
Preservation Act Section 106
Programmatic Agreement
Requirements . _

by CPT Yosefi Seltzer
Environmental Law Attorney

Ti m i ng of S e ct i on 10 6
Compliance

* Section 106 should be

completed BEFORE
expenditure of funds or
issuance of license/permit
* Section 106 process can, and
often should occur concurrently
with NEPA process

BUT: compliance with NEPA
does not equate to NHPA
Section 106 compliance

Ide nt i fy i n g and I n itiating the
Section 106 Process

* Identify and evaluate historic properties
and scope of PA ^

* Involve installation staff, enlist
Cultural Resources Manager as
the liaison

* Assess impact of proposed action
(treatment of human remains,
unexploded ordinance, environmental

is

critical

Consultation with Interested

Parties

Consult with SHPO, ACHP and others to
obtain recommendations and find ways
to make undertaking less harmful

1. Provide adequate documentation in
advance

2. Encourage frank discussion and

historic information sharing

3. Limitations of "interested"
versus "consulted" parties

Section 106: Foreclosure

Action: Failure to provide ACHP a
reasonable opportunity to comment^!

1. AHCP sends foreclosure letter to
head of agency noting failure to
comply with NHPA Section 106

2. Legal challenges
(injunctions) will be more

3. ti&jSUPe
Publicity

to defend